Legal Queries

Question:
Dear Sir,

Thank you very much for your detailed reply.

The Society has been registered by the Builder himself, and while handing over documents he has taken the said declaration (which seem to imply that he can install any hoarding or Mobile tower on the building). We've small children and we are very worried about the effect of constant radiation on them.

Now, please last query can he install any hoarding or Mobile tower or can he claims his right for additional FSI or at the time of redevelopment (later stage). Thanks -- Nelson Fernandes

Reply:
Dear Nelson,

Since the CHS is registered the builder has to transfer the building and the land in the name of the CHS within 4 months of such registration or upon 60% of Bldg Flats sold by him (whichever is earlier).

Do expedite Procedure to Obtain the Deemed Conveyance Order from competent authority which will make your CHS’s stand more stronger in case if your building opts for redevelopment or otherwise.

The terrace is one of the common areas for the Flat owners where legally speaking the builder has “NIL” rights. His rights were/are restricted only to the sold/unsold Flats, shops and garages (if any). Once such period 4 months elapses, despite the fact that conveyance deed is concluded or not, only the CHS is legal owner of the land, building and the common areas.

The Cellular companies mostly enter into lease agreements for erecting towers on building terraces. The Cell company if entering into a lease agreement with the builder (who is not the lawful owner of the terrace) is making a grave legal flaw in and shall be repenting, if contested.

Besides, Hon’ble Minister of State for Environment Mr Sachin Ahir has recently announced in the Legislative Council that setting up a mobile tower must be resolved by General Body of a CHS with over 70% members agreeing in favour of such a proposal. The guidelines further state that no towers to be set up near Schools and Hospitals.

Expediting Procedure to Obtain the Deemed Conveyance Order from competent authority which will make your CHS’s stand more stronger in case if your building opts for redevelopment for most of your concerns including FSI issues. (Very soon I will be writing an article on Deemed Conveyance).

All the best.

P.S.: Its a very good news for Flat owners that builder cannot enforce his will on them. Even if one single flat buyer is in opposition to install the tower than it will hard for builder to go-ahead with such towers on the building.

Ibrahim Deshmukh
Legal Consultant
[email protected]
www.law-india.com



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